Tenancy Agreement - Assured Shorthold Tenancy

This Agreement is a legally binding document. It should be read carefully to ensure that it includes everything the parties require and nothing they are not prepared to agree. Where a party is unsure of their obligations and responsibilities under this Agreement then it is advised to seek independent legal advice before signing.

ASSURED SHORTHOLD TENANCY AGREEMENT

for the Private Rented Sector in England and Wales

This Assured Shorthold Tenancy Agreement is created on: ________

PARTIES

Landlord:

________ whose address for service of proceedings and notices ("the Landlord's Address") is:

________

(hereafter "the Landlord")

Tenant:

________ of:

________

(hereafter "the Tenant")

I. DEFINITIONS

1. Deposit

No deposit is payable by the Tenant.

2. The Property

The property to be leased under this Agreement is at the following address:

________

For the avoidance of doubt the Property includes:

A private garden

A private garage

3. The Common Parts

Common parts means any part of a building containing the Property and any land or premises which the Tenant is entitled under the terms of this Tenancy to use in common with the owners or occupiers of other dwellings.

4. Contents

All the fixtures and fittings, effects and furniture at the property.

5. The Rent

£________ (________) per calendar month payable in advance from the start of the Tenancy in equal monthly instalments by direct debit in accordance with this Agreement.

6. Rent Payment Day

The same day of each calendar month, that being the same day of each month as the day of the month on which this Agreement commences, payable in advance with the sum of £________ being payable today, that being the first day of this Agreement. If a month doesn't have the same day of the month as that on which this Agreement commences, the Rent Payment day for that month only will be the last day of that calendar month.

e.g. if this Agreement were to commence on 13th December, rent would be payable on the 13th of each month but if this Agreement were to commence on 30th December, rent would be payable on the 30th of every month, except for February when rent would be payable on 28 February.

7. Term

A fixed term of ________ calendar months commencing on and including ________.

8. Tenancy

Any reference in this Agreement to the Tenancy refers to the tenancy created under this Agreement.

II. INTERPRETATIONS

1. In this Agreement

a. the words "include", "includes" and "including" are deemed to be followed by the words 'without limitation';

b. the word "today" refers to the date of this Agreement;

c. the word "liability" includes all costs, loss, damage, expenses and claims incurred or suffered by the relevant party;

d. the word "Utilities" refers to electricity, gas, water, foul water and surface drainage services, heating, ventilation, air conditioning, smoke and fumes related services, signals, electronic communications and all other utilities serving or consumed at the Property;

e. words introduced by the word 'other' do not have restrictive meaning even where preceded by words indicating or referring to a particular class of acts, things or matters;

f. an obligation not to do something includes an obligation not to cause or allow that thing to be done;

g. obligations owed by or to more than one person are owed by them or to them jointly and severally.

2. In the Agreement unless otherwise specified:

a. a reference to one gender shall include a reference to the other gender;

b. reference to clauses is a reference to a clause under this Agreement;

c. words which import the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Tenant", or any variation thereof, obligations contained within this agreement which are to be made by the Tenant shall be binding jointly and severally on them and their respective representatives and executors;

d. words importing persons, where that person is not a Tenant, include companies and vice versa;

e. where any obligation placed on a Tenant under this agreement provides for the Tenant not to do an act or thing shall include an obligation not to permit such act or thing to be done and to prevent such act or thing being done by a third party;

f. a reference to legislation is a reference to all legislation having effect in England and Wales at any time during the Term, including directives, decisions and regulations of the Council or Commission of the European Union, Acts of Parliament, orders, regulations, consents, licenses, notices, and bye laws made or granted under any Act of Parliament or directive, decision or regulation of the Council or Commission of the European Union, or made or granted by a local authority or by a court of competent jurisdiction and any approved codes of practice issued by a statutory body; and

g. a reference to particular legislation is a reference to that legislation as amended, consolidated or re-enacted from time to time and all subordinate legislation made under it from time to time, as such is in force at the present time.

III. LETTING

1. The Landlord agrees to let and the Tenant agrees to take the Property and Contents for the Term at the Rent.

IV. COMMON PARTS

1. In addition to the Property the Tenant will also have use of any Common Parts which they will use subject to any applicable restrictions.

V. MORTGAGE

1. The Property is not currently subject to a mortgage.

VI. OTHER OCCUPIERS

1. The Landlord agrees that, in addition to the Tenant the following persons who are not tenants may live at the Property: any children or other dependants of the Tenant who are under the age of 18 at the start of the Tenancy;

2. The Tenant must not allow any other persons to live at the Property without the express written consent of the Landlord which must not be unreasonably withheld or delayed;

3. Any obligation on the Tenant under this Agreement to do or not to do any thing shall also require the Tenant not to permit, suffer, allow or cause any other person living at the Property or any visitor to do or not to do the same thing.

VII. INTEREST

1. If the Rent or any other sum payable under this Agreement is not paid to the Landlord within 14 days after the due date for payment, or if the Landlord refuses to accept Rent or any other sum because the Tenant is, or may be, in breach of their obligations under this Agreement, the Tenant must pay interest at the rate of 4% per annum above the relevant Bank of England base rate applicable at the time that the money remains outstanding to the Landlord for the period starting on the due date until payment (both before and after any judgment) or until payment is accepted by the Landlord.

VIII. THE TENANT COVENANTS

1. The Tenant agrees with the Landlord:

a. Payments

I. to pay Rent on the days and in the manner specified by the Landlord whether demanded or not;

II. to pay all charges promptly in relation to the supply and use of Utilities where they are incurred during the period of this Agreement, including any which are imposed after the date of this Agreement (even if of a novel nature) and not to cause or permit any Utilities to be disconnected, altered or removed and to pay the total cost of any re-connection relating to the supply of Utilities if the same is disconnected, together with any other costs, loss or damage incurred by the Landlord as a result of any failure to satisfy this obligation, as well as the cost of reinstatement should this be necessary at the end of the Tenancy;

III. to pay the Council Tax in respect of the property to the relevant authority for the duration of the Tenancy, as well as any other levy, tax or charge incurred through occupation of the property;

IV. to pay the license fee for any television set in the Property for the duration of the Tenancy;

V. to pay the service charge, or other charge relating to the management of the property, incurred at the Property for the duration of the Tenancy;

VI. to pay the Landlord or his agent's reasonable costs in respect of any failure by the Tenant to fulfil the obligations contained in this Agreement, including bank charges incurred by the Landlord in relation to cheques, standing orders or direct debits for the payment of the Rent not being honoured and a reasonable administrative charge to compensate the Landlord or his agent for any reasonable expenses;

VII. to pay the reasonable costs incurred by the Landlord in replacing or repairing any of the Contents or any substituted furniture or effects lost, damaged, destroyed or removed by the Tenant, or at the option of the Landlord to replace immediately any of the Contents or any substituted furniture or effects lost, damaged, destroyed or removed by the Tenants;

VIII. to pay the reasonable cost of repairs where the need for them is attributable to the Tenant's failure to comply with the obligations set out in this Agreement, or where the need for repair is attributable to the fault or negligence of the Tenants, any Member of the Tenant's Household or any of the Tenant's visitors;

b. Maintenance

I. not to damage the Property, any Common Parts and/or Contents or cause permit or allow any person to cause such damage;

II. to keep and leave all drains well cleared and not to discharge any unsuitable, injurious or poisonous matter or fluid into the drains and to keep all gullies, eaves and gutters, and downpipes free from obstruction;

III. to keep and leave the Property and Contents including any fixtures, fittings and furnishings clean and tidy and to maintain the condition and repair of the interior of the Property and any fixtures, fittings and furnishings (fair wear and tear excepted) to at least as good a standard as they were at the start of this Agreement;

IV. to keep the Property reasonably aired and warmed;

V. to take all reasonable precautions to protect the Property from frost;

VI. to clean the windows in and outside the Property and promptly repair or replace any cracked or broken windows or door glass at the Property;

VII. not to cause or permit any obstruction or damage to any of the plumbing, including drains, pipes, sinks, cisterns and lavatories at the Property;

VIII. to report without delay all disrepair, damage, defects and required repairs to the Property and Contents including fixtures, fittings and furnishings whether the Tenant is responsible for such or not;

IX. not to affix any notice, sign, poster or other thing to the internal or external surfaces of the Property in such a way as to cause damage;

X. in order to comply with the Gas Safety Regulations take all reasonable measures to ensure that ventilators are not blocked and that any brown or sooty build up on any gas appliance is reported without delay to the Landlord;

XI. in order maintain adequate fire safety measures to keep and maintain adequate fire extinguishers on the premises, maintain fire alarms in working order, and to report any defects or damage to such items to the Landlord without delay so as not to invalidate the Landlord's fire insurance policy;

XII. to keep any gardens, driveways, pathways, lawns, hedges and rockeries as neat, tidy and properly tended as they were at the start of the Tenancy;

XIII. to keep the Property free from all pests and/or vermin and to inform the Landlord immediately of any infestation or damage so caused;

XIV. to dispose of all rubbish promptly, in an appropriate manner, and at an appropriate time;

c. Alterations

I. not to make any alterations or additions to the Property including any garages sheds or outbuildings, or to erect any buildings, sheds, huts or other erections, nor to remove any of the fixtures or fittings;

II. not to erect on the Property (which includes any garden or exterior area) any wireless television aerial satellite dish or other receiving apparatus for electronic communications of any kind;

III. not to alter the garden in any way but to leave the layout of the garden, including any plants flowers or trees and any hedges or fences as they were at the start of the Agreement and to keep the garden properly cultivated with all flower beds in a weed free condition, all perennial plants, trees and shrubs well-tended and their numbers maintained, all fruit trees properly pruned and preserved, any grass areas cut at least once every two week during the period 1 April to 30 September each year, and to maintain any garden fences and hedges in a good repair and condition;

IV. not to alter or change or install any locks on any doors or windows in or about the Property or have any additional keys made for any locks without the prior written consent of the Landlord or his agent, such consent not to be unreasonably withheld and the cost of undertaking such works and providing additional keys, including to the Landlord or his agent, to be met by the Tenant;

V. not to remove any of the Contents or any of the substituted furniture and effects from the Property;

VI. to apply formally to the Landlord or his agent for permission to carry out any redecoration, amendment or addition to the Property or its exterior (including any garden) in the event that the Tenant wishes to carry out any such works, such permission not to be unreasonably withheld and provided in writting by the Landlord or his agent to the Tenant;

VII. not to make any alterations or additions which do not comply with applicable legislation and without first obtaining any necessary planning permission.

d. Assignment/subletting

I. not to assign, or underlet, or sublet, or part with or share possession or occupation of the Property or any part of the Property, or take in lodgers or paying guests, or let any other person live at the Property unless specified as an Other Occupier above, except that during the fixed term of this Agreement the Tenant may assign or sublet with the Landlord's express written consent which will not be unreasonably withheld and which as a variation of this Agreement will be agreed in writing.

e. Animals

I. not to keep any livestock, poultry, cats, dogs, reptiles, birds or any other animals or pets on the Property without the Landlord's written consent, such consent not to be unreasonably withheld and, if granted, to be revocable on reasonable grounds by the Landlord.

f. Visits by the Landlord

I. to permit the Landlord, any superior landlord and all others authorised by them, and their agents, with or without workmen, at all reasonable times and with a minimum of 24 hours' written notice (except in the case of emergency when no notice is required) to enter the Property for the purpose of examining its condition and state of repair, and maintaining or repairing the Property or any of the Contents, or carrying out safety inspections, or to fulfil any obligations of this Agreement, or to undertake any inspection or works required by law;

II. to permit the Landlord, any superior landlord and all others authorised by them:

first. at all reasonable times and with a minimum of 24 hours' notice to conduct viewings of the Property with prospective mortgagees, purchasers and, during the last two months of the Tenancy, prospective tenants; and

second. to put up and maintain in a conspicuous part of the Property any notice that it is to be sold or otherwise dealt with and during the last two months of the Tenancy any notice that the Property is to be let.

III. to permit the Landlord, any superior landlord and all others authorised by them, and their agents, with or without workmen, to enter the Property immediately in the event of an emergency at the Property.

g. Access during periods of absence of more than 28 days

I. to permit the Landlord, any superior landlord and all others authorised by them, and their agents, with or without workmen, to enter the Property for the purposes of keeping the Property insured and taking such steps as may reasonably be necessary to mitigate the risk of damage to the Property during any period in which the Property is to be unoccupied for more than 28 days.

h. Activities at the Property

I. to use the Property as an only or principal home;

II. to use the Property solely as a single private dwelling and not to use it or any part of it for any other purpose;

III. not to carry on or permit to be carried on at the Property any profession, trade or business except with the prior written consent of the Landlord, such consent not to be unreasonably withheld or delayed. In particular it will not be unreasonable for the Landlord to withhold consent if there is a reasonable likelihood that the use proposed would:

first. give rise to a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies; or

second. cause a nuisance to the occupiers of neighbouring properties or significantly increase wear and tear to the Property;

IV. not to receive any paying guests;

V. not to do, suffer or permit to be done on the Property or any Common Parts any act or thing which may be or become a nuisance damage annoyance or inconvenience to the Landlord or any person residing, visiting or otherwise engaging in lawful activity upon, or any occupier of, any neighbouring land;

VI. not to contravene the terms of any insurance of the Property or do anything which would increase the ordinary premium;

VII. to comply with all legislation applicable to the use or occupation of the Property;

VIII. not to use the Property for any disorderly, anti-social, illegal, unlawful or immoral purpose;

IX. to observe any restrictions in any headlease or lease from which the Landlord derives title and which are applicable to the Property;

X. to keep dustbins out of view and not to store bags or loose refuse outside at all times except for on the day of collection;

XI. not to leave the Property vacant for more than 28 days without first notifying the Landlord in writing and if the Property is left vacant for whatever period to protect the Property from frozen or burst pipes or other damage and it is expressly agreed that the Tenant is liable for the cost of remedying any damage arising out of failure to do so;

XII. to take all reasonable steps to ensure that the Property is secure whenever the Property is unoccupied;

XIII. not to leave cars visiting the Property or in the ownership of the Tenant in a position that may obstruct the free movement of other road users;

XIV. not to change the telephone number without the consent of the Landlord.

IX. THE LANDLORD'S COVENANTS

1. The Landlord agrees with the Tenant:

a. to give the Tenant possession of the Property at the start of the Tenancy;

b. to keep in tenantable repair and working order:

I. the structure and exterior of the Property (including drains, external pipes, gutters and windows);

II. the installations in the Property for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and

III. the installations in the Property for space heating and water.

IV. For the avoidance of doubt the Landlord is not required to repair anything which the Tenantis liable to repair by virtue of the Tenant's obligation to take reasonable care of the Property, to rebuild or reinstate the Property in the case of destruction or damage by fire, storm or flood, or to keep in repair or maintain anything which the Tenantis entitled to remove from the Property;

c. to keep in repair and proper working order any of the Contents except where the damage or need to repair arises as a result of the Tenant's failure to comply with the obligations of this Agreement;

d. that the Tenant paying the Rent and performing and observing all of the obligations under this Agreement may quietly possess and enjoy the Property during the Tenancy without any unlawful interruption from or by the Landlord or any person claiming through or under or in trust for the Landlord.

X. INSURANCE AND RENT SUSPENSION

1. The Landlord must insure the Property against fire, flooding and other risks usually covered by a comprehensive insurance policy and must use all reasonable efforts to arrange for any damage caused by an insured risk to be remedied as soon as possible. The Tenant is responsible for arranging insurance of the Tenant's own belongings;

2. The Landlord must provide any Tenant with a copy of the insurance policy at the request of any Tenant;

3. Where the Property is uninhabitable because of damage caused to the Property by an insured risk then, unless the damage was caused by the Tenant's negligence or failure to comply with the Tenant's obligations under this Agreement, the Tenant shall not be required to pay rent until the Property is fit for occupation and use.

XI. TERMINATION OF THE TENANCY

1. at the end of the Tenancy the Tenant must leave the Contents and any substituted furniture and effects in the rooms in which they were at the start of the Tenancy;

2. at the end of the Tenancy the Tenant must deliver up to the Landlord the Property and all Contents and any substituted furniture and effects professionally cleaned and tidy and in as good a state of repair and condition, and decorative order, as they were at the start of this Agreement, or when provided by the Landlord, fair wear and tear excepted, in accordance with this Agreement;

3. at the end of the Tenancy the Tenant must remove all possessions belonging to the Tenant or any member of the Tenant's Household or visitor and all rubbish from the Property. If any such items are left in the Property at the end of the Tenancy the Tenant will be liable for meeting all reasonable removal and storage charges. The Landlord will remove and store possessions for one month (other than any perishable items which will be disposed of immediately) and will take reasonable steps to notify the Tenant. If the items are not collected within one month the Tenant will be liable for the reasonable costs of disposal, and should any items be sold, the costs of storage and disposal may be deducted from the sale proceeds;

4. at the end of the Tenancy the Tenant must give vacant possession and return all keys to the Landlord;

5. at the end of the Tenancy the Tenant must provide the Landlord with a forwarding address;

6. if the Landlord wants the Tenant to leave the Property at the end of the Tenancy the Landlord must give the Tenant at least two months' notice in writing before the end of the Term in accordance with section 21 of the Housing Act 1988 or seek possession on one or more of the grounds contained in Schedule 2 to the Housing Act 1988 if any of those grounds apply.

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XIII. RECOVERY OF POSSESSION WHERE THE TENANCY CEASES TO BE AN ASSURED TENANCY

1. If the Tenancy ceases to be an assured tenancy and:

a. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or

b. there is a breach of any of the obligations or agreements on the part of the Tenant; or

c. the Tenant is declared bankrupt.

The Landlord reserves the right to determine the Tenancy and to re-take possession of the Property, its Contents and any substituted fixtures and fittings, and furniture.

XIV. SERVICE OF NOTICES

1. Any notice served by the Landlord on the Tenant must be served in writing and will be deemed sufficiently served if sent by registered post to or left at the Property. Notices shall be taken to have been received the day after being left at the Property or the day after posting;

2. Any notice served by the Tenant on the Landlord must be served in writing and will be deemed sufficiently served if sent by registered post to or left at the Landlord's Address. Notices shall be taken to have been received the day after being left at the Property or the day after posting.

XV. 8528555

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.

Signed by the following parties: